Created by Fuzzy Cloud

Patna High Court

Pappu KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is disposed, allowing the petitioner to approach the Collector for a reasoned order under law.

Summary

Petitioner Pappu Kumar filed a writ petition seeking a mandamus directing the State authorities to remove an encroachment of a public Kachhi road constructed over his private land without any map, DPR, demarcation or his consent. He alleged that the road was built illegally on his land in Mauza‑Banauli, Darbhanga. The petitioner argued that he should approach the Collector (District Magistrate) for redressal. The State counsel raised no objection to this approach. The Court held that the petitioner may approach the Collector, who is required to pass a reasoned order in accordance with law, and disposed of the writ petition accordingly.

Issues considered

  • Whether the petitioner is entitled to a writ of mandamus directing removal of the encroaching public road.
  • Whether the petitioner should approach the Collector for redressal of the grievance.

Subjects

  • encroachment
  • public road
  • mandamus
  • land rights
  • administrative law
  • writ petition

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Civil Writ Jurisdiction Case No.6012 of 2026
                 ======================================================
                 Pappu Kumar Son of Yougendra Singh, Resident of Village- Banauli, P.S.-
                 Simri, District- Darbhanga.

                                                                        ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Principal Secretary Revenue Department
                 Patna, Bihar.
           2.    The District Magistrate, Darbhanga.
           3.    The Sub Divisional Magistrate, Darbhanga.
           4.    The Circle Officer, Singhwara Darbhanga.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Ghanshyam Choudhary, Advocate
                 For the Respondent/s   :       Mr. Government Pleader (02)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   04-05-2026                 Heard the parties.

                               2. The present petition has been preferred for the

                   following relief(s):

                                               “(i) For issuance of appropriate writ in

                                  nature of Mandamus commanding the respondent

                                  authorities to remove the encroachment from

                                  private land whereby where under constructed

                                  public Kachhi road (dirt track) pass away on the

                                  petitioner     land    without   Map     or    DPR    or

                                  demarcation       as      well    as    also      without

                                  consent/consideration of land title holder (the

                                  Petitioner) aforementioned land situated at Mauza-
          Patna High Court CWJC No.6012 of 2026(2) dt.04-05-2026
                                                      2/2




                                    Banauli, Thana no. 148, Khata no. 787, Keshra no.

                                    2620 (old) area 34 dismal under block Singhwara,

                                    district Darbhanga, Bihar.

                                                (ii) For any other relief or reliefs as your

                                    lordships may deem fit and proper in the facts and

                                    circumstances of the case.”

                                3. After some arguments, learned counsel for the

                    petitioner submits that he shall be approaching the respondent

                    no. 2, the Collector, Darbhanga for the redressal of the

                    grievance.

                                4. Learned State counsel has no objection to it.

                                5. In that background, the writ petition stands

                    disposed of allowing the petitioner to approach the aforesaid

                    authority who shall be passing a reasoned order in accordance

                    with law.



                                                  (Rajiv Roy, J)
Adnan/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.